1. WSBA CORPORATE COUNSEL SECTION WHAT’S YOUR NEGOTIATION IQ?
Paul W. Boyer
Negotiate Solutions LLC
Tina Davis Boyd
Navia Benefit Solutions
June 7, 2016

3. Let us never negotiate out of fear. But let us never fear to negotiate
Let us never negotiate out of fear. But let us never fear to negotiate. - John F. Kennedy

4. SUBSTANCE & RELATIONSHIP

5. THE ROUTES TO INFLUENCE
Coercion / Convincing / Competition
Forcing them to accede
Understanding / Creating / Collaboration
Finding ways to meet both parties needs

6. IT’S ABOUT THE PEOPLE (and opening them to influence)
Build rapport and trust – make a connection!
Listen - make them feel heard
Acknowledge their perspective/concerns

7. PREPARE TO SUCCEED Specific goals (top 3) Information is power
Anticipate concerns and objections
Get clear on your BATNA (and theirs)

8. POSITIONS v. INTERESTS (What I Want) INTERESTS (Why I Need It)
Telecommute 2 days a week
My husband can’t pick my kids up from school on Monday and Friday
Go to dinner at Seastar
I’m hungry for crab cakes and would like to see a movie at Bellevue Square
$90,000 as my starting salary
I want to feel valued by the company and I have big student loans
Liability cap of $5M
My boss says we’ve never agreed to a larger cap and I worry I’d look bad if I have to go back to her to request an exception.

9. FOCUS ON INTERESTS Ask questions…especially why
Find the common threads
An investigative journey

10. GET CREATIVE TO EXPAND THE PIE
Trade items each side values differently
Avoid one-issue bargaining – add issues and keep all issues tentative until final agreement
Create options - innovate and brainstorm

11. PERSUASIVE TECHNIQUES
The 3 reasons rule
Refer to precedent
Reciprocity principle
Power of silence
Say no convincingly

12. PAUSE & REFLECT Review the deal in its entirety
Assess against your BATNA
Post-closing analysis

13. 3 KEYS TO MAKING A NEGOTIATION SUCCESSFUL
Help the other party be open to influence
Find creative ways to satisfy both sides interests
Communicate your interests persuasively